ORDER

1. This is a writ petition for a declaration that Section 30(d) of the Representation of the People Act, 1951, is unconstitutional and ultra vires Article 14 of the Constitution of India "as it does not specify the maximum period for holding the election after the withdrawal of nomination...", and for a direction to the Election Commission of India to issue a separate notification under Section 30(d) read with Section 153 of the Act for holding elections in the State of Jammu and Kashmir within 20 days from the date for withdrawal of nominations. The writ petition is filed by one Bhim Singh, who is the President of a political party recognised by the Election Commission, namely, the Jammu and Kashmir Panthers Party. The writ petition contends that the provisions of Section 30(d) confer unbridled, unguided and uncontrolled power upon the Election Commission to hold polls upon any day subsequent to the date of withdrawal of nominations and fixes no terminal date in this behalf. It is also the case in the writ petition that prospective candidates in the State of Jammu and Kashmir would have to obtain personal security from the State for a period of one month and 24 days and this would be both difficult and expensive.

2. Having regard to the obvious urgency, notice was issued on 2-4-1996, to the Union of India and the Election Commission to file counter-affidavits and the writ petition was posted for hearing on 3-4-1996.

3. On 3-4-1996 the Election Commission did not file a counter-affidavit but relied upon material on record.

4. The Union of India filed a counter-affidavit affirmed by the Joint Secretary in the Ministry of Home Affairs. It states that "the Union of India shares the sentiments and the concern expressed by the petitioner". It states that, contrary to past practice and to the period of 20 to 25 days provided for constituencies outside the State of Jammu and Kashmir in the forthcoming parliamentary elections, the period for canvassing in the State of Jammu and Kashmir is, according to the schedule laid down by the Election Commission, 55 days. The affidavit states that "owing to the prevailing peculiar situation in the State of Jammu and Kashmir, it is not desirable that the time for canvassing in the State should be more than the necessary minimum statutory period", inter alia, for the following reasons :

(a) The candidates would require to obtain personal security from the State for comparatively a longer period of 55 days for the polling on 30-5-1996 and 48 days for the polling on 23-5-1996. This is in contrast with the rest of the country where the period ranges from 21 days to 31 days.

(b) It costs a great deal to the State in terms of resources and effort to provide security for such a long period to the candidates, their family members, their election agents, their political workers etc. In this context it would be relevant to state here that there is a threat from various militant outfits from outside the country to disrupt the process of the general elections including attempts at liquidating the candidates.

(c) * * *"

5. The aforementioned affidavit annexes copies of correspondence between the Union of India and the Election Commission. By letter dated 25-3-1996, the Union of India stated :

"4. As regards the announcement of Parliamentary Elections in Jammu and Kashmir State, the Commissions attention is drawn to various queries raised by the Ministry of Home Affairs with the Law Ministry, as contained in the enclosed note (Annexure-1). The Law Ministry have now advised us that it is permissible to issue different notifications with different dates for polls under Section 14 of the RP Act, 1951. The Law Ministry have further confirmed that the Election Commission itself has followed such practice in the past in the context of the Third General Elections and also for Elections to the tenth Lok Sabha. As stated in the MHA Note, allowing a long gap between the date of filing nominati